• Specific Year
    Any

BUILDING WORK CONTRACTORS ACT 1995 - SECT 21

BUILDING WORK CONTRACTORS ACT 1995 - SECT 21

21—Cause for disciplinary action

        (1)         There is proper cause for disciplinary action against a building work contractor if—

            (a)         licensing of the contractor was improperly obtained; or

            (b)         the contractor has acted contrary to an assurance accepted by the Commissioner under the Fair Trading Act 1987 ; or

            (c)         the contractor or another person has acted contrary to this Act or otherwise unlawfully, or improperly, negligently or unfairly, in the course of conducting, or being employed or otherwise engaged in, the business of the contractor; or

            (d)         the contractor has failed to comply with an order made by a court under Part 5; or

            (e)         events have occurred such that the contractor would not be entitled to be licensed as a building work contractor if the contractor were to apply for a licence.

        (2)         There is proper cause for disciplinary action against a building work supervisor if—

            (a)         registration of the supervisor was improperly obtained; or

            (b)         the supervisor has acted unlawfully, improperly, negligently or unfairly in the course of acting as a building work supervisor.

        (3)         There is proper cause for disciplinary action against a building consultant if—

            (a)         the consultant has acted contrary to an assurance accepted by the Commissioner under the Fair Trading Act 1987 ; or

            (b)         the consultant has acted unlawfully, improperly, negligently or unfairly in the course of acting as a building consultant.

        (4)         Disciplinary action may be taken against each director of a body corporate that is a building work contractor or building consultant if there is proper cause for disciplinary action against the body corporate.

        (5)         Disciplinary action may not be taken against a person in relation to the act or default of another if that person could not reasonably be expected to have prevented the act or default.

        (6)         This section applies in relation to conduct occurring before or after the commencement of this section.